16 November 2007
The European Court of Justice (ECJ) has ruled that using
sex-specific factors to calculate additional pensionable service
for scheme transfers-in is discriminatory.
The ECJ's decision followed a challenge by Austrian employee Ms
Lindorfer who claimed that calculation procedures which took
account of a woman's longer life expectancy were not necessary to
ensure the financial health of the scheme.
In 'Lindorfer v Council', Ms Lindorfer argued the fact neither
member contributions nor the age required to obtain a pension were
determined by reference to sex, proved her point.
The ECJ found in her favour and ruled the use of sex-specific
factors in calculating pensionable service to be credited in lieu
of the transfer value in was not justified.